Biden's DOJ defends Trump in rape accuser E. Jean Carroll's defamation lawsuit

File The Washington Post building

Driving the news: The Justice Department is appealing a federal judge's decision last October that Trump couldn't use a law protecting federal employees from lawsuits for actions conducted within their scope of office.

Wall Street Journal reporter Michael Bender wrote in his forthcoming book "Frankly, We Did Win This Election": The Inside Story of How Trump Lost, the former president believed Joe Biden would secretly drop out of the race.

A brief filed by the DOJ Monday doesn't defend Trump's actions-in fact, it explicitly condemns them. So why is the department getting involved?

According to the book, Trump told his advisers he believed the current president would be replaced so held off early attacks on him.

But Biden's DOJ is continuing with the previous administration's argument that Trump was acting "within the scope of employment" as president when he said in 2019 that Carroll was "totally lying" about claims that he raped her in the mid-1990s, according to the new filing to the Second US Circuit Court of Appeals. That would essentially kill Carroll's entire case, since the Westfall Act doesn't allow civilians to file suits against federal employees.

And the Biden administration is in agreement.

While describing Trump's statements that questioned Carroll's credibility as "crude and disrespectful", DOJ lawyers went on to argue in Monday's filing that "speaking to the public and the press on matters of public concern are undoubtedly part of an elected official's job", even when the statements made are allegedly defamatory. Trump is returning from Camp David. Why is it running this kind of interference for Barr's Justice Department? The most important way he can restore confidence in the institution is not with platitudes about how much more integrity Biden has than Trump, true as that is. But Garland isn't doing that. "And while we are not going to comment on this ongoing litigation, the American people know well that President Biden and his team have utterly different standards from their predecessors for what qualify as acceptable statements", White House spokesperson Andrew Bates told Fox News.

Basically, Biden doesn't approve of what Trump did but he's keeping his distance from the DOJ's decision to interfere in this case.

Fabrizio reportedly wrote in the memo that some ascribed to the notion that if Biden were attacked too hard and too early in the game, he might collapse, only to be replaced by the Dems at their convention.

The lawsuit filed by the columnist, E. Jean Carroll, alleges Trump defamed her when he denied raping her, said she wasn't his type and claimed she made the allegation to boost sales of her new book.

Google, the newspaper's email provider, resisted supplying the latter information - and in March the Justice Department obtained a judicial gag order preventing New York Times executives from publicizing the matter.

"The DOJ's position is not only legally wrong, it is morally wrong since it would give federal officials free license to cover up private sexual misconduct by publicly brutalizing any woman who has the courage to come forward", she said.



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